Procedural Law Flashcards
Terry vs Ohio?
Officers can detain a person if…
Reasonable suspicion to believe a crime is occurring
Has occurred
About to occur
What are the three contacts of a person and officer?
Mere conversation
Stop
Arrest
Reasonable suspicion?
To hold a belief that is reasonable at the time the officer acts based on the totality of the circumstances
When should you knock on a search warrant?
Determination to forego knock and announce is determined at the door
Probable cause?
There is a substantial objective basis for believing that more likely than not a crime has been committed
How long is a person granted judicial determination?
48 hours after a warrantless arrest
In DV, what shall officers do?
Officers shall arrest alleged or potential assailant if PV to believe an assault occurred between household members
Or if one person placed the other in imminent fear of serous physical injury
Admission?
Admission of facts
Confession?
Admission of guilt
Corroboration?
Both an admission and confession
What are the time frames on warrants?
Cannot exceed 5 days and served between 7am -10pm
What should you do when things are seized from a warrant?
Deliver a copy to the person
If no one home, leave on a place affixed to the house or car searched
What are three reasons officers can search a suspect?
Destruction of evidence
Protection of officers
Discover evidence
Automobile exception?
Vehicles can be searched if lawfully stopped
If officer has PC to believe car contains contraband or evidence of a crime
What is exigent circumstances?
Requires both PC and exigency
Requires officers to act swiftly to prevent danger to life or damage of property
